Products

Terms & Conditions

Definitions

The following words shall have the following meaning: permaNET shall mean permaNET Limited its successors and assigns or any person acting on behalf of and who the authority of permaNET whose registered address is at Unit 2, Kinvara House, Dublin Hill, Cork. Fair Usage Policy means additional terms and conditions that govern the fair use of the permaNET Services by the Customer and is available online at www.permaNET.ie. Agreement means these Terms and Conditions, the Customer Authorisation, the Fair Usage Policy, permaNET Product and Price Guide(s) which together constitute a legally binding agreement between permaNET and the Customer. The Agreement shall come into force once you start to use the permaNET Services as determined by us. Charges mean all charges payable by you to us to avail of the permaNET Services; the current Charge(s) are detailed at the following URL: www.permaNET.ie . Customer means the person who has entered into this Agreement with us to use the permaNET Services. Customer Authorisation Form to be completed by you to take up the permaNET Services via permaNET.ie or calling 1890 818 599. Customer Address means the residential location in the Republic of Ireland where the permaNET Services is provided. ComReg or Commission for Communications Regulation means the national regulatory authority for the telecommunications market in Ireland. Content means data, information, video, graphics, sound, music, pictures, text, code, scripts, photographs, software and any other material (in whatever form) which may be accessible by use of the permaNET Services. Equipment means the equipment that is supplied by permaNET to you when you subscribe to the permaNET Services that enables you to connect to the Network and access the permaNET Services and includes any other fittings, accessories and modifications there to by us from time to time. Internet means the global public network based on a common communication protocol, which supports communication through the World Wide Web. Minimum Term means the first twelve (12) calendar months of the permaNET Services beginning from the Start Date. Network means the telecommunications system owned and operated by permaNET in accordance with its authorisation and the regulations set out by ComReg and any other amending or additional regulations or legislation or Codes of Practice (that are binding upon permaNET). Order means an order made by you to us for the provision of the permaNET Services and includes, where necessary, a Customer Authorisation Form and, where completed, a Direct Debit Mandate and such order may be made by the Customer in writing, on-line or via a recording of the call serving as a record of the customers consent. Acceptance of such order shall be at the sole discretion of permaNET. Start date means the date on which permaNET provides permaNET Services to you or the date on which you use any part of the permaNET Services as determined by permaNET, whichever is the earlier. permaNET Broadband or Phone Service means the services which may be provided through specific electronic equipment, and device(s), and that enables connection to the Internet over the Network. permaTEL Services means the telecommunications service provided by permaNET including broadband and phone services supplied by us to you and in accordance with the permaNET Product and Price Guide(s) and Fair Usage Policy.

COMMENCEMENT of the permaNET Services and minimum term. 1.1 This Agreement shall commence on the Start Date and shall be for the Minimum Term of 12 months, after which the permaNET Services(s) will continue to be provided by permaNET on the terms of this Agreement unless terminated in accordance with its provisions. 1.2 On entering into the Agreement, you have confirmed to us that you are 18 years or over and have the authority to act on behalf of your household or company.

SERVICE. For technical, operational and commercial reasons permaNET shall be entitled to vary, suspend or discontinue the permaNET Services and any aspect thereof at any time. 2.1 On acceptance of a valid Order from you permaNET will provide the permaNET Services to you with all commercially reasonable skill, care and diligence, subject to the payment of the Charges as set out at Clause 10 and the Terms and Conditions of this Agreement. 2.2 permaNET will use its commercially reasonable endeavours to provide the permaNET Services by any date we indicate to you for that purpose, but all dates are estimates only and permaNET will have no liability for any failure to meet any such date(s). 2.3 permaNET does not warrant that broadband sessions will not be lost; permaNET does not accept responsibility for the security of broadband sessions. The Customer conducts any broadband sessions at its own risk and is solely responsible for adopting such appropriate security measures against unauthorised access to and interference with the Equipment (or associated software/hardware and data). 2.4 permaNET is not responsible for Connected Services. We give no warranty as to the availability, suitability, quality or the continuation of any Connected Services or in relation to suspension; discontinuation; re-commencement or lack of interruption thereof. Your use of Connected Services is at your sole risk and we will not be responsible or liable for any loss or damage suffered by you arising from the availability or use of such Connected Services with the permaNET Services. 2.5 permaNET will use its commercially reasonable endeavours to provide uninterrupted permaNET Services but from time to time faults may occur whether on the Network or otherwise and permaNET does not accept any liability for any direct orindirect loss, damage or claims which may arise as a result of such an interruption or faults. See section 10 also.

CUSTOMER CARE You can contact permaNET with regard to your account or service as follows: By phone on 1890 995599 (calls to and from permaNET may be recorded or monitored for training and other purposes). By post to Unit 2, Kinvara House, Dublin Hill, Cork. By email as follows: Sales:sales@permanet.ie, Support:support@permanet.ie, Customer Services: customerservices@permanet.ie, Account:accounts@permanet.ie.

PROVISION AND INSTALLATION OF permaNET Services. 4.1 On Order acceptance by permaNET we will provide you with the use of Equipment for the duration of this Agreement to facilitate connection to the permaNET Services. You must take all reasonable care in the use and storage of the Equipment and at your own risk, cost and expense protect the Equipment from loss and or damage. Title to the Equipment will at all times remain with permaNET and you will be liable for any damage caused to or loss of the Equipment from the date of delivery to you. 4.2 The Equipment may only be used by you to connect to the Network. 4.3 permaNET will use its best endeavours to deliver the Equipment to the Customer Address by the date we indicate to you, but all dates are estimates and permaNET shall have no liability for any failure to meet any such date. You must inspect the Equipment immediately upon receipt and inform us in writing within five (5) working days of delivery of any damage or missing items from the delivery. permaNET will install new equipment on a prearranged date; we will also deliver new modems if a current customers upgrades to permaNET broadband and phone service. 4.4 If you fail to take delivery of the Equipment (or fail to give us appropriate delivery instructions) then without prejudice to any other rights or remedies available to us, we may store the Equipment until actual delivery and charge you for the reasonable costs of same, including re-delivery as a result of a failed delivery. 4.5 If Equipment supplied or sold to you is faulty you must return the faulty Equipment (in its original packaging and with any associated equipment and documentation) to permaNET within fifteen (15) days of receipt of the Equipment. 4.6 Where you elect to install the Equipment, you must ensure when installing it that any Equipment connected to or used with the permaNET Services is connected and used in accordance with all applicable instructions, safety and security procedures as set out by permaNET from time to time. Prior to installing the Equipment, you should read the installation instructions carefully and back up or save any data on your personal computer or other device. permaNET does not accept responsibility for any failure by you to follow such procedures or failure by you to follow correct procedures in relation to your own equipment and/or its compatibility with the Equipment or the permaNET Services. 4.7 The following terms apply where permaNET or its agents or Authorised Installers install the Equipment on your behalf: 4.8 You will at your own cost ensure that the premises are suitable for the installation, use and accommodation of the Equipment. If you are not the owner of the premises on which the Equipment will be installed, it is your responsibility prior to the installation of the Equipment, to ensure you have received all requisite consents and authorisations from the owner of the premises to install the Equipment at the premises. We will assume no liability whatsoever arising from your failure to procure such consent. You acknowledge and agree that you shall fully and effectively indemnify and keep permaNET indemnified for any costs incurred as a result of your breach of your obligation in this Clause. 4.9 In order to facilitate installation of the Equipment, you shall grant access to permaNET or an Authorised Installer to the premises to allow for installation (and subsequently for the repair and maintenance) of the Equipment. Should you fail to grant access to the premises, you shall be responsible for all reasonable costs associated with the labour time lost and we shall not be responsible for non provision of the permaNET Services as a consequence.4.10 In the event the premises are not suitable for installation of the Equipment, it may be necessary to install additional Equipment to enable you to avail of the permaNET Services. Any costs associated with the additional Equipment shall be borne by you in addition to the Charges.

Your Obligations and Use of permaNET Services. 5.1 You may not use permaNET Services for any improper, immoral or unlawful purpose, nor cause any nuisance by the use of the permaNET Services, nor allow others to use the permaNET Services for any of the foregoing purposes in a way that may cause degradation of service levels to other customers as determined by permaNET or put the Network at risk. 5.2 For the transmission of any material which is, may be or is intended to be a hoax or is of a defamatory, offensive, abusive, obscene or menacing nature. 5.3 For the infringement of intellectual property rights or trade secrets of another party or for the processing of automated personal data as defined in the Data Protection Act, 1988 & Act 2003 as amended. 5.1.4 to engage in activities that, in the opinion of permaNET, cause or are liable to cause disruption or denial of service to any third party Internet or online user. 5.4 You hereby agree to avail of the permaNET Services subject to the provisions of any telecommunications scheme directed by ComReg or any other regulatory body and in force for the time being and the provisions of any legislation applicable hereto. 5.5 You shall ensure that all persons having access to the permaNET Services or the Equipment complies with the terms & conditions herein stated. 5.6 The permaNET Services is provided solely for your own use and you shall not resell the permaNET Services (or any part of the permaNET Services to any third party. 5.7 Where software is provided to enable you to use the permaNET Services, permaNET grants you a non-exclusive, non-transferable license solely for the term of this Agreement to use the software for that purpose and you undertake to comply with and be bound by all conditions of the license under which the Equipment is supplied. 5.8 You shall comply and are bound by all conditions of any license under which the Equipment or the permaNET Services is provided. 5.9 You shall comply with all reasonable instructions given to you by us in relation to the use of the permaNET Services. 5.10 You shall inform permaNET in writing of any change of your name, address, email address and/or telephone number and/or Customer Address. We may charge you any reasonable costs we incur as a result of such change(s). 5.11 You shall indemnify and hold us harmless against all liabilities, claims, damages, losses, expenses and proceedings howsoever arising from or in any way connected with the use of the permaNET Services or the Equipment. 5.12 permaNET may at its absolute discretion may withdraw the permaNET Services from any Customer whose use of the permaNET Services, either risks degradation of service levels to other customers, puts the Network at risk or where the usage of the permaNET Services is inconsistent with normal residential usage or business usage in the sole opinion of permaNET, is for purposes that are not reasonably used or envisaged for usage by residential Customers or business customers.

permaNET Broadband and permaTEL Phone Service. 6.1 The permaNET Broadband and permaTEL Phone Service is available in a number of packages, both Business and Residential, which you may select. The details of each package, including download speed, upload speed, traffic quotas, and contention ratios are available on our web site at www.permaNET.ie. 6.2 You acknowledge that the download speed and upload speed for each permaNET Broadband Package are maximum speeds and are not guaranteed. Due to the shared nature of broadband access these speeds may be reduced from time to time due to other users. The quoted speeds are line speeds and are not necessarily equal to data transfer speeds. 6.3 A Fair Usage Policy or Traffic Quota applies to all permaNET Broadband and Phone Packages. The permaNET Broadband Service is a shared service and permaNET reserves the right to manage the Network to ensure that all users get fair access to the Network. If users make excessive use of their permaNET Broadband Service their service may be restricted or disabled. permaNET, at its sole discretion, will define from time to time what constitutes excessive use of the permaNET Services. permaNET may, upon due notice terminate the provision of the permaNET Broadband Service to the Customer. 6.4 PermaNET apply a Fair Usage Policy of 2,000 minutes per month to the free Ireland and UK landline calls and a maximum of 59 minutes per call. 6.5 You may change the level of the permaNET Broadband Package(s) selected by you on giving at least five (5) days notice to permaNET. A Charge will apply in respect of any such change as set out in the permaNET Product and Price Guide(s). 6.6 permaNET shall not be responsible for connecting or maintaining any third party equipment or devises, including telephone extension and systems. 6.7 Existing customers who upgrade from a broadband only package to a broadband and phone service have 14 days to try the service. After this 14 day trial period customers agree to keep the service for a minimum period of twelve (12) months. Upgrading customers also agree to return the broadband only modem topermaNET within 30 days of receiving the phone and broadband modem and failure to do so will result in a fee of €30.00 being applied to their account. Should a customer choose not to keep the broadband and phone service they agree to return the broadband and phone modem to permaNET within 21 days of receiving it or a charge of €85 will be applied to their account. 6.8 You may access the emergency services with the permaTEL phone service free of charge. If there is an internet or electricity failure or network interruption for any reason, it will prevent all voice services such as the permaTEL phone service and other data transmission and receiving systems from dialing the emergency services and any other connected services, including but not limited to alarm systems or medical monitoring systems. Customers should have an alternative means of accessing the emergency or connected services in such instances including for example having a charged mobile phone available. 6.9 permaNET does not have any control over and acceptsno responsibility of any nature or extent for or the manner in which calls using our Phone Service are answered or addressed by the emergency services or Connected Services provider or whether they respond at all. You shall defend, indemnify, and hold permaNET and it’s Affiliates and agents and Authorised Installers and any other service provider who furnishes services to you in connection the permaTEL phone Service(s) harmless, from any and all claims, losses, damages, fines, penalties, costs and expenses (including, without limitation, legal costs) by, or on behalf of, you or any third party relating to the absence, failure, interruption or outage of the phone Service(s), including the inability of any user of the permaTEL phone Service(s) to be able to access emergency services or Connected Services. 6.10 If we consider it to be commercially reasonable, we may restrict your ability to make premium rate, mobile and international calls permanently or temporarily where we notice unusual call patterns.

FEES & PAYMENT. 7.1 The current permaNET Product and Price Guide(s) are available on-line at www.permaNET.ie. We reserve the right to alter such Charges and will notify you of such a change by notice in writing, thirty (30) days in advance of the implementation date of such change. All quoted rates shall be inclusive of Value Added Tax (“VAT”) to residential customer and without Value Added Tax (‘’VAT’’) to business customers. 7.2 In order to avail of the permaNET Services you agree to pay by Direct Debit, debit or credit card. You shall pay all sums due to us in full within seven (7) days of the date of the bill. You agree that you are liable for any Charges incurred on your account irrespective of whether those Charges were incurred by you or anybody else with or without your consent. permaNET reserves the right to charge you an additional administrative fee or request a deposit for any unpaid Direct Debits, debit or credit card payments. 7.3 Should a payment due by you fail for any reason, permaNET shall apply an administration charge of €7.50 (inclusive of VAT) for each and every event of failure of payment. 7.4 Should your permaNET Services be disconnected by permaNET following continued non-payment all charges in relation to solicitors and or third party collection agents will be passed on to the customer. 7.5 You will be charged monthly in advance for all permaNET Services that has a fixed monthly charge. We may alter your billing date or billing frequency. All bill/invoices will be always available at www.permaNET.ie. 7.6 The first payment shall be due by you pro-rated to and corresponding with the period for which the permaNET Services has been activated and consequently the first Charge may be for a partial period in arrears in addition to the regular Charge period in advance. 7.7 permaNET may from time to time require security or advance payment in respect of any sum of money, fee, Charge, subscription or expensepayable or to be payable by you for the permaNET Services. 7.8 Should you disagree with any Charges shown on your bill you must email or phone us with in fifteen (15) days of the date of Bill/Invoice you are querying, and unless otherwise agreed in writing by us all Charges will remain due at the payment date. If the Charges that you have highlighted are incorrect then we will apply a credit to your account in respect of any incorrect Charges. If following the application of a credit an amount remains outstanding we will advise you of the amount and the new payment date. Unless a credit is issued the full amount remains due. 7.9 permaNET will require a fee of €30 for a site survey if we cannot complete an installation due to the location or obstructions to our service this charge will stand. permaNET cannot be responsible for natural obstructions charges for the provision of the permaNET Services will be calculated by reference to the data recorded or logged by permaNET. The determination of permaNET in respect thereof is final. 7.10 Should your account be suspended due to non-payment for any reason, permaNET shall apply a reconnection charge of €10 (VAT inclusive) to your account. 7.11 Direct Debit totals will be notified to customers with home phone service each month at least 7 days before payment date. 7.12 Direct Debit totals notifications which are sent by post will incur a €1 (VAT inclusive) per paper notification sent. 7.13 A paper copy of an invoice to be sent by post may be requested at a fee of €1 (VAT inclusive) per invoice.

TERMINATION. 8.1 Subject to the provisions of clauses 8.2 and 8.3 or as otherwise provided for in this Agreement, this Agreement may be terminated by either party on thirty (30) days prior written notice to the other. 8.2 If the Customer terminates this Agreement or the permaNET Services during the Minimum Term, including in circumstances where the customer is changing address, permaNET may, without prejudice to its rights to treat the termination as a breach or repudiation of this Agreement, agree to accept such termination provided that the Equipment is returned in good order and that thirty (30) days prior written notice has been received of such termination. 8.3 permaNET shall have the right to terminate or suspend the Agreement immediately for due reason, including, but not limited to: 8.4 Non-payment of charges in accordance with Clause 7 and/or 10. 8.5 If any information supplied by the Customer to permaNET is false or misleading. 8.6 If we are obliged to comply with an order, instruction or request of Government, ComReg, an emergency services organisation or other competent authority. 8.7 You are suspected of involvement with fraud or acts, which are of a defamatory, offensive, abusive, obscene, menacing, unsuitable or unlawful character in connection with use of the permaNETServices. 8.8 You are in breach of the fair usage policy. 8.9 While the permaNET Services are suspended or terminated you will be unable to access the internet or use phone services. You will still be liable to pay all Charges outstanding and any or all costs and expenses which permaNET may incur as a result of such suspension or termination. 8.10 Where this Agreement is terminated by you for the purposes of moving to another telecoms service provider, the transfer to another telecoms service provider shall not come into effect until such time as you have paid to permaNET all Charges due and owing, up to the date of termination together with all Chargesarising from such termination as set out in this Clause 8.

LIABILITY. 9.1 You are solely responsible for preventing unauthorised access to and use of the permaNET Services and permaNET shall have no liability in this regard. 9.2 We shall not be liable for any loss or damage of any kind caused by the failure of the permaNET Services or Equipment due to the incompatibility with equipment supplied or used by you with the permaNET Services or the Equipment. 9.3 We shall not be liable to you or any third party in contract, tort or otherwise for any financial loss whatsoever or for any indirect or consequential loss howsoever arising in relation to the use of the permaNET Services or the Equipment or any failure or error or default by us in the provision thereof, or otherwise in connection with this Agreement. Your statutory rights are not affected. 9.4 We have no liability under this Agreement for the acts and omissions of other telecommunication operators or Content providers. 9.5 We are not liable for claims arising out of a breach in the security or privacy of messages transmitted using the permaNET Services. 9.6 Equipment Warranty: permaNET warrants to you that the Equipment will be substantially free from material defects under normal use (as determined by permaNET) for a period of six (6) months from the date you receive the Equipment (“Limited Warranty”). This Limited Warranty excludes any defects resulting from abuse, misuse, neglect, theft, vandalism, fire, unusual physical or electrical stress, water, your failure to comply with permaNET’s policies or other instructions issued by permaNET, alteration or additions to the Equipment not approved by permaNET, or any other cause beyond the commercially reasonable control of permaNET. Repair or replacement, is at permaNET’s sole discretion, and repair and replacement of the Equipment is permaNET’s only responsibility and your exclusive remedy for breach of any warranty regarding the Equipment or the installation thereof.

MAINTENANCE. 10.1 You agree that from time to time it may be necessary for permaNET to temporarily suspend the permaNET Services during periods of repair, essential maintenance or alteration or improvement to the Network or otherwise in accordance with law. No liability will be accepted by permaNET for any loss or damage arising as a result of an interruption in the permaNET Services during such maintenance or repair time. 10.2 You agree to notify us as soon as possible after a defect, fault or impairment in the operation of the permaNET Services is detected and permaNET shall use its commercially reasonable endeavours to attend to the fault as soon as reasonably practicable as determined by permaNET. We will do so during Normal business hours at the Customer Address or at whichever location permaNET considers the reported fault to be located. 10.3 permaNET reserves the right to charge you additional fees for maintenance or repair where you prevent us from carrying out our maintenance or where the fault or defect resulted from any cause whatsoever which is beyond the commercially reasonable control of permaNET, its employees and agents, or if in the sole opinion of permaNET it arises from the willful neglect or default of you or of any of your suppliers; agents; or from your failure to comply with the provisions of this Agreement, or from fault in or other problem or damage to Equipment caused by you.

USE OF YOUR INFORMATION. 11.1 In accordance with the applicable Data Protection Act 1988 & Data Protection Act 2003, any information obtained by permaNET through an application for or the use of the permaNET Services may be accessed and used by permaNET or its Affiliates for the purposes of account management, billing, debt collection, credit assessments, market research, customer profiling, product and service development, product and service marketing, customer care, efficient operation of the permaNET Services and other legitimate business purposes including disclosure to third parties in connection with the operation, suspension and/or termination of the permaNET Services, for the purpose of installations, credit referencing, administration, account management, billing, customer profiling, market research, fraud prevention, debt collection, service and product development, porting and other legitimate business purposes. 11.2 We also provide relevant information, including information on the Customer and the usage of the permaNET Services by the Customer or from the premises where the Equipment is located when required to do so by law (for example under a court order) or in the course of threatened or actual court proceedings or in response to properly made demands in accordance with legislative or regulatory powers. Subject to this, disclosures will be made in accordance with applicable data protection legislation. 11.3 We, or a third party acting on our behalf, may contact you regard to information about our products and services by way of post, phone, fax, email or text message. If you do not wish to receive marketing and promotional material from us please contact our Customer Support Centre. 11.4 Your personal data will not be retained for longer than required for the purposes of its processing, subject to any limitation periods imposed by law. Further information on how permaNET obtains, holds and uses such Customer information or data is available online in our Privacy Statement at www.permaNET.ie which forms part of this Agreement. 11.5 You shall be deemed to have given your explicit consent for the use of your information for such purposes set out in this Clause 11.

MISCELLANEOUS. 12.1 The Customer Authorisation of these Terms and Conditions; the Fair Usage Policy; together with the current permaNET Product and Price Guide(s) as amended from time to time constitutes the entire agreement (“the Agreement”) between the parties in relation to the permaNET Services and shall supersede any previous agreement(s) that may have been executed by you for the provision of the permaNET Services at any time. In the event of a conflict between these Terms and Conditions and any of the other documents referred to then these Terms and Conditions shall prevail. 12.2 The parties agree that the fact that this Agreement may be stored or exchanged or displayed or notified in electronic form shall not affect its validity. 12.3 permaNET reserves the right to alter any terms of this agreement, the permaNET Services or any part thereof and the permaNET Product and Price with one months notice by email. 12.4 If any of the provisions of this Agreement are held to be unenforceable, illegal or void in whole or in part the remaining portions of the Agreement shall remain in full force and effect. 12.5 Notices to Customer: permaNET will send all relevant notices either to your billing address and/or by email to the email address as provided and/or may place same on the permaNET website and this shall be accepted as proper notification. All correspondence from permaNET shall be deemed served 48 hours after posting or immediately on emailing or on earlier proof of delivery. Notices to permaNET: permaNET’s address for service of any notice hereunder is Unit 2, Kinvara House, Dublin Hill, Cork, Ireland. You can contact us by phone, post or email, see section 3. 12.6 Customer Complaint Policy: Should the customer have dissatisfaction with any or all permaNET services we have a formal complaints process. Please email your account and detail of your problem to support@permaNET.ie or by post. Threatening behaviour or verbal abuse to members of staff may result in disconnection. 12.7 Force Majeure: In the event of Force Majeure, permaNET shall not be held in breach of its obligations hereunder nor be liable to the Customer or any other party for any loss or damage which may be suffered by the other party due to any cause beyond its commercially reasonable control including, without limitation, any act of God, failure, interruption of power supplies, flood, drought, lightning or fire, strike, lockout, trade dispute or labour disturbance, acts or omissions of Government, highway authorities or other circumstances beyond the commercially reasonable control of permaNET that prevents it from providing the permaNET Services. 12.8 Use of the permaNET Services or any part of them also constitutes acceptance of these Terms and Conditions. 12.9 This Agreement shall be governed by and construed in accordance with Irish law and the parties hereby submit to the exclusive jurisdiction of the Irish Courts.